State v. Hamid and others), Under Section
Case Details
Neutral Citation No. - 2024:AHC:108283 Court No. - 77 Case :- APPLICATION U/S 482 No. - 4614 of 2024 Applicant :- Hamid And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Agrahari,Sudhir Mehrotra Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J. 1. List revised.
Legal Reasoning
2. Heard Sri Sudhir Mehrotra, Sri Dhirendra Kumar Agrahari, learned counsels for the applicant, Sri Birendra Pratap Singh, learned counsel for the State and perused the record. 3. The present Criminal Misc. Application U/S 482 Cr.P.C. has been filed by the applicants Hamid, Rashid, Asif with the following prayers:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash the entire proceedings of Criminal Case No. 4932 of 2022 (State vs. Hamid and others), Under Section 323, 325, 308 IPC, Police Station Kotwali Dehat, District Bulandshahr pending in the court of learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Court No. 2, Bulandshahr as well as to quash the impugned summoning order dated 24.5.2022 passed by the learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Court No. 2, Bulandshahr in Criminal Case No. 4932 of 2022 (State vs. Hamid and others), Police Station Kotwali Dehat, District Bulandshahr by which the learned court below has allowed the protest petition filed by the opposite party no. 2 and has summoned the applicants Under Sections 323, 325 and 308 IPC. It is, further, most respectfully prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Criminal Case No. 4932 of 2022 (State vs. Hamid and others), Under Section 323, 325, 308 IPC, Police Station Kotwali Dehat, District Bulandshahr pending in the court of learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Court No. 2, Bulandshahr and to stay the effect and operation of the impugned summoning order dated 24.5.2022 passed by the learned Additional Civil Judge (Jr. Div.)/Judicial Magistrate, Court No. 2, Bulandshahr in Criminal Case No. 4932 of 2022 (State vs. Hamid and others), Police Station Kotwali Dehat, District Bulandshahr by which the learned court below has allowed the protest petition filed by the opposite party no. 2 and has summoned the applicants Under Sections 323, 325 and 308 IPC, during the pendency of the present application filed under Section 482 Cr.P.C. before this Hon'ble Court, otherwise the applicants shall suffer grave irreparable loss and injury which cannot be compensated in any manner. 'Crime No.299/2020' And/or may pass such other and further order/direction as this Hon'ble Court may deem fit and proper in the circumstances of the case." 4. The facts of the case are that a First Information Report was lodged on 08.04.2020 at 18:16 hours, under Section 308 I.P.C. by Harun Ali against the applicants Hamid, Rashid, Asif and one unknown person alleging therein that Salman and others who are his relatives and of the same village, were assaulted by the accused persons for which an application for lodging a case under Section 307 I.P.C. was scribed by him due to which the accused persons were having enmity with him and his family members. On 05.4.2024 at about 06:00 pm his son Alam had gone to the field for irrigating it and when he was returning back then near the tubewell on a small bridge the accused persons Hamid and Rashid who were lying in wait, caught hold of him after which the accused Asif came above with one unknown person and the all the four accused persons with an intention to kill him, assaulted his son with iron pipe and dandas and subsequently considering him to be dead threw him down. On shout by his son, Hasim and Mohin of the same village came there who then came to the village and told him about the incident, after which he went to the police station and informed the police and then his son was admitted in the hospital in an unconscious condition by the police. 5. Learned counsel for the applicants submits that the matter was investigated and final report was submitted in favour of the applicants finding the same to be false and finding implication of the applicants to be incorrect. It is submitted that a protest petition was filed by the opposite party no. 2 upon which the trial court vide its order dated 24.05.2022 summoned the applicants by exercising powers under Section 190(1)b Cr.P.C. for the offences under Sections 323, 325, 308 I.P.C. It is submitted that conclusion as drawn by the court concerned while summoning the applicant is totally without perusing the documents and the court concerned has failed to pass a detailed order considering the entire material on record. It is further submitted that even the court concerned has failed to consider the statement of Dr. Pawan Kumar who had medically examined the injured inasmuch as the said doctor had stated that from the nature of injuries it appears that the same have been caused in a road accident. It is submitted that in the present case the injuries were caused in a road accident but just in order to give the case a different colour the present F.I.R. has been lodged just to falsely implicate the applicants. It is submitted that as such the proceedings are an abuse of process of the court. It is further submitted while placing para-24 of the affidavit that the applicants have been granted bail by the trial court. It is submitted that as such the impugned proceedings of the case be quashed. 6. Per contra, learned A.G.A. opposed the prayer for quashing and submitted that the applicants are named in the F.I.R. and there are allegations against them. It is submitted that the prosecution version corroborates from the medical examination of the injured. It is submitted that the accused persons have motive to commit the said offence which is also stated in the F.I.R. itself. It is submitted that the order of the trial court is a speaking order considering the matter in detail. It is submitted that as such the present petition be dismissed. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the applicants are named in the F.I.R. and there are allegations against them of assaulting the injured with an intention to kill him. In the present matter one person has received serious injuries. The order of the trial court summoning the applicants which is impugned herein, is a speaking order. In so far as the statement of Dr. Pawan Kumar is concerned, the same was stated by him after the Investigating Officer inquired from him regarding the nature of injury on which he stated that the same may have been caused in a road accident but the same is the subject matter of trial. At this stage it cannot be said that the impugned order is a non-speaking order which is arbitrary. Perusal of it goes to show that the same is a detailed order passed after considering all the aspects of the matter and does not call for any interference by this Court. It cannot be said that no offence is made out. The present case does not fall in any of the categories of the dictum of the Apex Court in the case of M/s Neeharika Infrastructure (P) Ltd. v. State of Maharashtra : (2021) 19 SCC 401, for quashing of summoning order and proceedings. 8. Accordingly, the present petition under Section 482 Cr.P.C. is rejected. Order Date :- 4.7.2024 #Naresh# (Samit Gopal,J.)